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HomeMy WebLinkAboutNCG050442_Name-Owner Change Emails and Deed_20220411From: Tran, Kieu M To: Grant.Oxendine Cc: Vicki Nguyen Subject: RE: [External] FW: NCG050442 Ownership Change Legal Documentation Date: Tuesday, April 5, 2022 7:37:00 AM Attachments: imaae002.ona imaae004.wmz imaae003.r)na Good morning Grant, Vicki can reach me at (919) 707-3640 Thank you, Kieu From: Grant.Oxendine <grant.oxendine@bastfibretech.com> Sent: Tuesday, April 5, 2022 6:56 AM To: Tran, Kieu M <kieu.tran@ncdenr.gov> Cc: Vicki Nguyen <vicki.nguyen@bastfibretech.com>; Grant.Oxendine <grant.oxendine@bastfibretech.com> Subject: RE: [External] FW: NCG050442 Ownership Change Legal Documentation CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Good morning Ms. Kieu, I have asked our Corporate resource to explain the attached document for you. The BFT Lumberton Ops Corp, is our official Site Name, at least the way I understand it. Could you provide contact number so Ms. Vicki Nguyen can reach out to you to explain? Thanks Vicki, please contact Mr. Kieu once you have her contact information and let me know if I need to follow-up on anything. Thanks From: Tran, Kieu M <kieu.tran(@ncdenr.gov> Sent: Thursday, March 31, 2022 2:07 PM To: Grant.Oxendine <grant.oxendine(@bastfibretech.com> Subject: RE: [External] FW: NCG050442 Ownership Change Legal Documentation EXTERNAL. Hey Grant, On the ownership change form, the new company listed was "BFT Lumberton Ops Corp" but on the deed, its "BFT Lumberton Assets Corp." If I am following the deed, the new company name should be "BFT Lumberton Assets Corp." correct? Please confirm before I make the changes. Thank you, Kieu From: Grant.Oxendine <grant.oxendine(@bastfibretech.com> Sent: Thursday, March 31, 2022 1:53 PM To: Tran, Kieu M <kieu.tran(@ncdenr.gov> Cc: Grant.Oxendine <grant.oxendine(@bastfibretech.com> Subject: RE: [External] FW: NCGO50442 Ownership Change Legal Documentation CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Sorry, see attached. Will this work? Thanks From: Tran, Kieu M <kieu.tran(@ncdenr.gov> Sent: Wednesday, March 30, 2022 2:41 PM To: Grant.Oxendine <grant.oxendine(@bastfibretech.com> Subject: RE: [External] FW: NCG050442 Ownership Change Legal Documentation EXTERNAL. Hi Grant, You've accidentally attached a survey map and not the deed. Thank you, Kieu From: Grant.Oxendine <grant.oxendine(@bastfibretech.com> Sent: Wednesday, March 30, 2022 12:09 PM To: Tran, Kieu M <kieu.tran(@ncdenr.gov> Cc: Grant.Oxendine <grant.oxendine(cDbastfibretech.com> Subject: RE: [External] FW: NCG050442 Ownership Change Legal Documentation CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Thank you Kieu, I've attached a copy of the deed we had recorded at the courthouse after the sell. It has all the appropriate signatures. Will this work for what you need? I can contact the surveyor if there is something that needs to be added. Thanks Also, my General Permit # for our Non -contact Discharge is NCG500000 and the Certificate of Coverage is NCG500638. Will this deed also work for that permit, if needed? Or do I need to send a copy to that permitting group as well? Please advise. Again, thanks for your help and have a great day! From: Tran, Kieu M <kieu.tran(cDncdenr.gov> Sent: Wednesday, March 30, 2022 9:44 AM To: Grant.Oxendine <grant.oxendine(@bastfibretech.com> Subject: RE: [External] FW: NCG050442 Ownership Change Legal Documentation EXTERNAL. Hi Grant, Here is the document that was attached to the ownership change request. Thank you, Kieu Tran Stormwater Program Administrative Assistant Office: (919) 707- 3640 Kieu.TranPncdenrgov North Carolina Department of Environmental Quality Division of Energy, Mineral, and Land Resources Stormwater Program 512 N. Salisbury Street, Raleigh, NC 27604 (location) 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) Website: htt :I.Idea.nc.gov/about/divisions/energy-mineral-land-resources/stormwater Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties From: Grant.Oxendine <grant.oxendine(@bastfibretech.com> Sent: Wednesday, March 30, 2022 9:28 AM To: Tran, Kieu M <kieu.tran(@ncdenr.gov> Cc: Grant.Oxendine <grant.oxendine(@bastfibretech.com> Subject: [External] FW: NCG050442 Ownership Change Legal Documentation CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Good morning Mr. Tran. My name is Grant Oxendine, EHS Manager for our Site here in Lumberton. I'm trying to follow-up on the emails below. If you could please call me, I'll try to get the information you need. I also left you a voicemail earlier. Thanks, and have a great day. From: Charles.Oxendine <chuck.oxendine(@bastfibretech.com> Sent: Monday, March 28, 2022 10:04 AM To: Vicki Nguyen<vicki.nguyen(@bastfibretech.com> Cc: Grant.Oxendine <grant.oxendine(@bastfibretech.com> Subject: FW: NCG050442 Ownership Change Legal Documentation Vicki, Please see the email below. Can you help or send us to the right resource to address this? Thanks, Chuck Oxendine Chief Manufacturing Officer BAST TECH +1 910 737 3231 Office +1 910 734 5901 Direct www.bastfibretech.com CONFIDENTIALITY NOTICE: This email, including any attachments, may contain information that is confidential and privileged. Any unauthorized disclosure, copying or use of this email is prohibited. If you are not the intended recipient, please notify us by reply email or telephone call and permanently delete this email and any copies immediately. Please consider the environment before printing this e-mail. From: Tran, Kieu M <kieu.tran(@ncdenr.gov> Sent: Friday, March 25, 2022 10:47 AM To: Charles.Oxendine <chuck.oxendine(@bastfibretech.com> Subject: NCG050442 Ownership Change Legal Documentation You don't often get email from kieu.tran&ncdem.gov. Learn why this is important EXTERNAL. Good morning Charles, I hope this email finds you well. I'm currently reviewing the ownership change request for Permit # NCG050442 Lumberton Cellulose LLC and noticed that the attached document was an Asset Purchase Agreement. Legal documentation of transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Asset Purchase Agreement is not sufficient for an ownership change. Do you have the deed or bill of sale for Lumberton Cellulose LLC? If you have any questions regarding the ownership change request, please feel free to contact me directly. Thank you, Kieu Tran Stormwater Program Administrative Assistant Office: (919) 707- 3640 Kieu.TranPncdenr.gov North Carolina Department of Environmental Quality Division of Energy, Mineral, and Land Resources Stormwater Program 512 N. Salisbury Street, Raleigh, NC 27604 (location) 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) Website: http://deq,.nc.gov/about/divisions/energy-mineral-land-resources/stormwater Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties Book 2331 Page 703 2022001527 ROBESON CO. NC FEE $26.00 STATE OF NC REAL ESTATE EXT S5919.00 PRESENTED & RECORDED 02/15/2022 12:38:07 PM VICKI L LOCKLEAR REGISTER OF DEEDS BY: KYNIA JOHNSON DEPUTY BK: D 2331 PG: 703 - 709 SPECIAL WARRANTY DEED Excise Tax: $5,919.00 Tax Parcel Ill Nos. 101403001 (8533001); 10140300101 (8533017); 32450100801 (8533002) Verified by Robeson County on the U fi day of February, 2022 By: — /Box to: Calloway Title and Escrow, LLC, 4170 Ashford Dunwoody Road, Suite 525, A4ahta, Georgia 30319, Attention: Catherine Lindley Rouse, Esq. This instrument was Prepared By: Jeremy J. Hilsman, Esq., c/o Georgia-Pacific LLC, 133 Peachtree Street NE, Atlanta, Georgia 30303. Delinquent taxes, if any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds. Brief description for the Index: 66.5339 acres, Chippewa Street, Town of Lumberton THIS DEED, made this the lu A day of February, 2022, by and between GRANTOR: LUMBERTON CELLULOSE LLC, a North Carolina limited liability company, whose mailing address is 1.33 Peachtree Street NE, Atlanta, Georgia 30303, Attention: Law Department — Real. Estate ("Grantor") and GRANTEE: BFT LUMBERTON ASSETS CORP., a Delaware corporation, whose mailing address is 4464 Markham St Suite 2301, Victoria, BC V8L 7X8, Canada ("Grantee'). WITNESSETH: That Grantor, for a valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of Lumberton, Robeson. County, North Carolina and more particularly described as follows (the "Proper "): Being in all respects the property described on EXHIBIT A, attached hereto and incorporated herein by this reference. Mali after recording to: Harbor City Title insurance Agency of NC, Inc. 6201 Fairview Road, Suite 325 0% ya� Charlotte. NC 26210 Flle # a ivi » c ona rt0� =ra rt MID ri M�n an-� W 0 A n o X rt �rto rts= J. OMA Oiv C rt =,< rtw<< Mort J= t -2 �suU o M 0 mrt aan rt rt ID rt XfA y i r, J rtM A 7 7 s H 70 7 C O ,a 3 W M n o n m �n owM c Q= �n rtM1< 1< ao M�� (oaz FA y3 n 1 rt� tortN 1 IA 7 n 0 0 m m CL Book 2331 Page 704 The Property was acquired by Grantor by instrument recorded in Book 19H Page 103, Book 450, Page 342, Boob 456, Page 264 and Book 8450, Page 143, Register of Deeds of Robeson County, North Carolina. The property herein conveyed DOES NOT include the primary residence of Grantor. TO HAVE AND TO HOLD the Property and all privileges and appurtenances thereto belonging to Grantee in fee simple. And Grantee covenants with Grantor that (i) the Property may not be rezoned or utilized for any purpose other than industrial or commercial purposes; (R) there shall be no use of the groundwater from or on the Property for drinking water purposes; and (M) the Property and the improvements may not be used, occupied or Ieased for any school, day care center, playground or any similar use by or for children (collectively, the "Restrictive Covenants'). Should Grantee breach any of the Restrictive Covenants, ('grantor and any affiliate of Grantor, in addition to such damage remedies as Grantor may have, may pursue any other remedies available to it in law or equity including, without limitation, specific performance or other injunctive relief Grantor's covenants set forth above in this paragraph shall run with title to the lands conveyed hereby. And Grantor covenants with Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. Taxes and assessments for the year 2022 and subsequent years. 2. Easements, Setback Lines and any other facts shown on that Plat in Book 18, Page(s) 58 of the Robeson County, Registry (the "Real Property Records"). 3. Easement(s) in favor of Carolina Power & Light Company as recorded in Book 629, Page(s) 52 of the Real Property Records, 4. Any portion of the land lying within the railroad right-of-way existing as of the date hereof. 5. Title to that portion of the Property within the bounds of Noir Street Extension and Chippewa Street, and any rights of others entitled thereto. 6. Drainage canal and facilities now existing on the Property, and easements for utility and transmission lines over said Property, all as referenced in Deed as recorded in Book 456, Page(s) 264 of the Real Property Records. 7. Drainage easement of the drainage canal and right of way dedicated to the City of Lumberton, all as referenced in Deed recorded in Book 450, Page(s) 342 of the Real Property Records. 8. All matters shown on that certain ALTA/NSPS Land 'Title Survey, City of Lumberton, Lumberton Township, Robeson County, dated January 19, 2022, and prepared by Franklin E. Tanner— PLS #2534. Book 2331 Page 705 All references to Grantor and Grantee as used herein shall include the parties as well as their heirs, successors and assigns, and shall include the singular, plural, masculine, feminine or neuter as required by context. [Execution on Following Pages] Book 2331 Page 706 IN WITNESS WHEREOF, each of Grantor and Grantee has duly executed the foregoing as of the day and year first above written. Grantor: LUMBERTON CELLULOSE LLC, a North Carolina limited liability company_ By: - Name: Tyle L. Woolson Title: Vice President and CFO STATE OF GEORGIA COUNTY OF l tti Srl Gent `a MA�Tt , a Notary Public of the County of State of4�ra�'iria do hereby certify Tyler L. Woolson, as Vice President and CFO�berton Cellulose LLC, a North Carolina limited liability company, personally known to me, personally appeared before me this day and acknowledged that he voluntarily signed the foregoing instrument for the purpose stated therein. Witness, my hand and official seal, this 444N day of February, 2Q22. 4aj`" (SEAL) Nota Publi My c mmission expires: Book 2331 Page 707 Grantee: BFT LUMBERTON ASSETS CORP., a Delaware corporation By: Name: of Executive Officer & President STATE OF SOUTH CAROLINA COUNTY OF GREENVILLE I, , a Notary Public of the County of State of do hereby ccrti y .iim Posa, as Chief Executive Officer & President of BFT Lumberton Assets Corp., a Delaware corporation, personally known to me, personally appeared before me this day and acknowledged that he voluntarily signed the fore=oing instrument for the purpose stated therein. Witness, my hand and official seal, this �ay of February, 2022. (SEAL) Notary Pubs{G My commission_expires: 0 [Remainder of Page heft Intentionally Blank] Book 2331 Page 709 EXIIIBIT A LEGAL DESCRIPTION LYING AND BEING IN LUMBERTON NORTH CAROL.INA, ROBESON COUNTY, LUMBERTON TOWNSHIP. BEGINNING AT A MAGNETIC NAIL SET HAVING N.C. GRID COORDINATES OF N,= 313,207.14' AND E.= 2,000,013.83' AND BEING LOCATED ATTHE, SOUTHEAST RIGHT- OF-WAY INTERSECTION OF CHIPPEWA STREET (60' IN WIDTH) AND NOIR STREET EXTENSION (54' IN WIDTH), SAID SET MAGNETIC NAIL ALSO BEING LOCATED, S 52- 47-00 E, A DISTANCE OF 41.94 FEET FROM THE CENTER OF A MANHOLE LOCATED IN THE CENTERLINE OF SAID STREETS; THENCE FROM SAID BEGINNING AND RUNNING WITH THE SOUTHERN RIGHT-OF-WAY OF NOIR STREET EXTENSION, S 88- 21-51 E, A DISTANCE OF 706.16 FEET TO A RAILROAD SPIKE IN THE ROAD OVER A CULVERT WITH FOUR 72 INCH CORRUGATED METAL, PIPES IN A CANAL THAT CARRIES WATER TIIROUG14 THE ENTIRE NORTH -SOUTH LENGTH OF THE SUBJECT PROPERTY; THENCE ALONG AND WITHIN THE CANAL, N 1-20-39 E, A DISTANCE OF 679.92 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY OF THE SEABOARD SYSTEM RAILROAD HAVING A RIGHT-OF-WAY OF 200 FEET, 100 FEET EACH SIDE OF CENTERLINE OF MAIN TRACKS; THENCE ALONG THE SOUTHWESTERLY RIGHT-OF-WAY OF SAID RAILROAD, S 66-55-21 E, CROSSING A 1" IRON PIPE AT 30.0 FEET, FOR A TOTAL DISTANCE OF 670.55 FEET TO A NAIL AT THE., BASE OF A 3/8" REBAR ON THE SOUTHWESTERN RIGHT-OF-WAY OF A 60.0 FEET SEABOARD SYSTEM RAILROAD SPUR LINE; THENCE FOUR CALLS ALONG THE SOUTHWESTERN RIGHT-OF-WAY OF SAID SPUR, 30 FEET FROM CENTERLINE OF SPUR TRACK AS FOLLOWS: (A) S 23-21-51 E, A DISTANCE OF 485.16 FEET TO A 3/4" REBAR, (B) ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 2,291,83 FEET AND AN ARC OF 296.50 FEET AND ALSO HAVING A LONG CHORD AND DISTANCE OF S 27-01-21 E, 296.29 FEET TO AN EXISTING 3/8" REBAR, (C) S 30-40-51 E, A DISTANCE OF 179.16 FEET TO AN EXISTING 3/8" REBAR, AND (D) ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 1,402.39 FEET AND AN ARC OF 173.36 FEET, AND ALSO HAVING A LONG CHORD AND DISTANCE OF S 27-07-29 E, 173.25 FEET TO AN EXISTING 3/4" GALVANIZED PIPE, THE NORTHEASTERN CORNER OF REF., INC. (DB. 1270 PG. 616) AS RECORDED IN THE ROBESON COUNTY REGISTER OF DEEDS; THENCE ALONG TWO OF THE REF., INC LINES AS FOLLOWS: (A) S 59-33- 41 W, A DISTANCE OF 208.58 FEET TO AN EXISTING 3/4" GALVANIZED IRON PIPE AT A CONCRETE MONUMENT AND (B) S 17-41-15 E, A DISTANCE OF 426.50 FEET TO AN EXISTING 3/4" GALVANIZED IRON PIPE AT A CONCRETE MONUMENT IN THE NORTHWESTERN LINE OF THE CITY OF LUMBERTON (DB. 12Y PG. 366) & (DB. 170-0 PG. 6); THENCE ALONG THEIR NORTHWESTERN LINE, S 59-36-48 W, A DISTANCE OF 1,184.89 FEET TO AN EXISTING CONCRETE MONUMENT' ON TOP OF THE NORTH BANK OF THE LUMBER RIVER; THENCE "TWENTY SIX CALLS ALONG THE TOP OF THE NORTIIERN BANK OF THE LUMBER RIVER AS FOLLOWS: (A) N 41-42-28 W, A DISTANCE OF 15.18 FEET TO A POINT, (B) N 49-39-35 W, A DISTANCE OF 31.39 FEET 1'0 A POINT, (C) N 89-40-50 W, A DISTANCE OF 15.93 FEET TO A POINT, (D) N 87-16-21 Book 2331 Page 709 W, A DISTANCE OF 16.81 FEET TO A POINT, (E) N 54-26-20 W, A DISTANCE OF 13.93 FEET TO A POINT, (F) N 55-51-52 W, A DISTANCE OF 57.49 FEET TO A POINT (G) N 45- 5E-35 W, A DISTANCE OF 20.87 FEET TO A POINT, (II) N 26-44-22 W, A DISTANCE OF 11.29 FEET TO A POINT, (I) N 87-15-05 W, A DISTANCE OF 27.73 FEET TO A POINT, (J) N 52-44-16 W, A DISTANCE OF 83.84 FEET TO A POINT, (K) N 53-56-15 W, A DISTANCI:l; OF 53.50 FEET TO A POINT, (L) N 67-18-41 W, A DISTANCE OF 51.14 FEET TO A POINT, (M) N 65-19-29 W, A DISTANCE OF 28.84 FEET TO A POINT, (N) N 36-14-52 W, A DISTANCE, OF 18.25 FEET` TO A POINT, (0) N 76- 35-49 W, A llISTANCE OF 23.21 FEET TO A POINT, (P) N 57-43-53 W, A DISTANCE OF 75.72 FEET TO A POINT, (Q) N 56-16-22 W, A DISTANCE OF 29.65 FEET TO A POINT, (R) S 85-59-32 W, A DISTANCE OF 18.56 FEET TO A POINT, (S) N 64-31-08 W, A DISTANCE OF 39.50 FEET TO A POINT, (T) N 55- 0E-14 W, A DISTANCE OF 23.60 FEET T'O A POINT, (U) N 58-14-11 W, A DISTANCE OF 31.51 FEET TO A POINT, (V) N 48-31-06 W, A DISTANCE OF 54.65 FEET TO A POINT, (W) N 55-16-44 W, A DISTANCE OF 88.60 FEET TO A POINT, (X) N 56-56-26 W, A DISTANCE: OF 25.15' TO A POINT (Y) N 37-11-40 W, A DISTANCE OF 15.23 FEET TO A 1/2" REBAR. SET, (Z) AND N 49-58-45 W, A DISTANCE OF 108.69 FEET TO A DRJLL HOLE TN THE CENTERLINE OF CHIPPEWA STREET; SAID POINT ALSO BEING LOCATED AT THE NORTH EDGE OF A CONCRETE BRIDGE CROSSING SAID RIVER; THENCE THREE - CALLS RUNNING WITH THE CENTERLINE OF CHIPPEWA STREET AS FOLLOWS: (A) N 5-26-51 W, A DISTANCE OF 89.78 FEET TO A MASONRY NAIL, (B) ALONG A CURVE TO THE RIGHT, HAVING A RADILJS OF 1,637.02 FEET AND AN ARC OF 228.92 FEET AND ALSO HAVING A LONG CHORD AND DISTANCE OF N 2-07-06 W, 228.73 FEET TO A MASONRY NAIL, AND (C) N 1-53-51 E, A DISTANCE. OF 124.23 FEET TO A MAGNE"TIC NAIL SET; THENCE LEAVING THE CENTERLINE OF SAID STREET, N 56-40-09 E, A DISTANCE OF 47.18 FEET TO A I/2" REBAR SET ON OR NEAR THE EASTERN RIGHT- OF-WAY OF (.'HIPPEWA STREET; THENCE RUNNING THREE CALLS ALONG OR NEAR T14E EASTERN RIGHT-OF-WAY OF CHIPPEWA STREET AS FOLLOWS: (A) N 1-22-04 E, A DISTANCE OF 463.74 FEET TO A 3/8" REBAR, (B) N 88-36-51 W, A DISTANCE OF 3.00 FEET TO A 3/8" REBAR AND (C) N 1-38-09 E, A DISTANCE OF 282.60 FEET TO THE POINT OF BEGINNING CONTAINING 66.5339 ACRES, BE IT MORE OR LESS.